HARINARAYANSHA RUDALSHA TAILY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal arises out of a judgment and order rendered by Additional Sessions Judge, 3rd Fast Track Court, Deodar, District Banaskantha at Palanpur in Sessions Case No.27 of 2004 on 8.3.2007. The appellant came to be convicted for offence punishable under Section 3(1) of the Official Secrets Act, 1923 and sentenced to undergo R.I. for 12 years. He was also convicted under Section 9 of the Official Secrets Act and was ordered to undergo R.I. for 12 years. For the charge against him under Section 120-B of IPC, he was acquitted. The sentences were ordered to run concurrently.

(2.) THE facts of the case, in brief, are that the appellant is a citizen of Nepal, who allegedly went to Pakistan and then came to India to act as a secret agent/spy of Pakistan. While acting as such, he was found to be in possession of the following documents supposed to be made over to Pakistan:-

(3.) LEARNED advocate Mr Lakhani for the appellant, at the outset, indicated to us that he has instructions not to challenge the conviction. He, therefore, does not press this appeal on merits of conviction. His endeavour is to indicate that the appellant was only a victim of circumstances and, therefore, he ought to have been sympathetically dealt with by the trial Court. The sentence imposed by the trial Court is unduly harsh. Mr Lakhani submitted that the appellant was a young boy of 25 years when he was apprehended. Though he is married, he had hardly any time to consummate the marriage when he was required to leave for Pakistan for studies. In Pakistan, he came under pressure of I.S.I and was forced to work as a spy and collect information from India, which are suitable to Pakistan to serve the purpose of Pakistan agency. He is not a hardened criminal. He does not have any criminal antecedents. He has been sufficiently punished and, therefore, his appeal may be allowed by reducing the sentence with which he is awarded.